Câteva consideraţii privind ocrotirea minorului în perspectiva Proiectului de modificare a Codului civil
Some considerations on the protection of minors in view of the draft amendment to the Civil Code

Summary/Abstract: The draft amendment to the Civil Code brings a number of novelties regarding the protection of persons that are incapable or that are with limited capacity to exercise. In this context, new protection measures are being proposed, which aim to improve the protection of those in vulnerable situations, either due to lack of parental protection in the case of minors, or due to the inability to exercise their specific civil capacity rights under fair conditions. With regard to minors with limited capacity to exercise, the measure of special guardianship is proposed as a novelty. As for the adult that is incapable to exercise, the following are proposed as novelty measures: guardianship, judicial counseling and special guardianship. It is also interesting to frame these measures in the context of the system of protection measures regulated by the Civil Code and the way in which the legislative proposal responds to the imperatives that derive from the declaration of unconstitutionality of Article 164 para. (1) of the Civil Code.

• Details
• Contents